Sandigan sees initial basis to convict ex-PNP chief Purisima over SALN omissions

The Sandiganbayan believes the prosecution's initial evidence against former Philippine National Police chief Alan Purisima can support a guilty verdict in his perjury case over his alleged omission of properties in his Statement of Assets, Liabilities, and Net Worth (SALN).

The court's Second Division said it is better for Purisima to rebut the accusations against him instead of seeking the outright dismissal of his case through a demurrer to evidence.

"The testimonial and documentary evidence presented by the prosecution, unless successfully rebutted by the accused, appear to be prima facie (at first glance) sufficient to support a finding of guilt beyond reasonable doubt," the division's April 8 resolution read.

Purisima, in his motion for leave of court to file demurrer to evidence, said the prosecution failed to prove that he made a "willful and deliberate assertion of a falsehood" in his SALNs.

He said Ombudsman prosecutors did not even secure copies of his SALNs from the Office of the President, which is the legal custodian of his SALNs before his appointment as PNP Director General.

However, the Sandiganbayan said Purisima merely challenged the strength of the prosecution's evidence without stating the grounds for the court to consider his motion and its attached demurrer.

"It must be stressed that the court cannot be compelled to go beyond the motion and examine in detail the discussion and arguments of the accused in the appended demurrer to evidence since leave of court has not yet been granted," the Sandiganbayan said.

The Sandiganbayan said Purisima's demurrer "merely noted without further action," while the motion was denied for lack of merit.

Purisima, nonetheless, has five days to inform the court if he still wishes to pursue the dismissal of his case, but the lack of a leave of court forces the Sandiganbayan to decide on the case based on the prosecution’s evidence alone.

Associate Justice Lorifel Pahimna penned the resolution, with the concurrence of Associate Justices Oscar Herrera Jr. and Michael Frederick Musngi.

Purisima also faces graft charges at the Sandiganbayan over the alleged anomalous courier service deal the PNP entered in 2011.

Meanwhile, his case in relation to the bloody Mamasapano encounter in 2015 that killed 44 PNP Special Action Force commandos has yet to proceed due to a temporary restraining order from the Supreme Court. —KBK, GMA News